Legal Definitions - South African Truth Commission

The South African Truth Commission was established in 1995 to investigate gross human rights violations committed by both state actors and members of liberation movements between 1960 and 1994, the period of legalized apartheid. The Commission had three committees: the Committee on Human Rights Violations, the Amnesty Committee, and the Reparation and Rehabilitation Committee. The Committee on Human Rights Violations took the testimony of over 21,000 victims, with 2,000 giving testimony at public hearings widely disseminated on television, radio, and in print. The Amnesty Committee was authorized to grant or refuse amnesty to individuals who committed human rights abuses. The Reparation and Rehabilitation Committee was authorized to develop reparation and rehabilitation policy recommendations for the new South African government.

The Amnesty Committee’s amnesty decisions were binding on domestic courts. The TRC operated outside South Africa’s domestic legal system, but it had powers of subpoena, search, and seizure enforced by domestic law enforcement officials. Information and evidence obtained by the TRC during amnesty proceedings, however, whether by testimony or by subpoena, was not admissible in domestic courts.

The South African amnesty program is the broadest in history among comparable truth commissions, and many believe that amnesty has helped with the reconciliation process. Full disclosure provided a semblance of accountability and promoted reconciliation through apology. Moreover, the Commission was arguably in the best position to rule on amnesty, since it had the best information and verification procedures.

The Committee recommended that each victim or family receive approximately $3,500 USD each year for six years, for an aggregate grant of $640 million. After delays, the South African government made a modest one-time payment to 21,000 victims that was far lower than what the Committee recommended.